is and has been in and jane. jon: "america live" starts right now. megyn: fox news alert. brand-new polling just into fox news today from three key swing states. our first look at the presidential race after wednesday night's first debate. welcome to "america live." i am megyn kelly. brand-new rasmussen polling from ohio, florida, and virginia. take a look at the numbers. the polls are showing an extremely tight race between these two candidates. in ohio, the president is up by one point.

fifty to 49%. governor romney is ahead 49%, he was shown behind to in florida and now he is ahead to in florida. the state of virginia, 49 to 48%. big news that is just breaking right now. that is where he, i should say, racked up another big story today. the september jobs report. the labor department says that 114,000 jobs were created last month, but the unemployment rate sharply declining to 7.8%. that is the lowest number in nearly four years. certainly some welcome news for team obama. a liberal economist cautioned that it is almost certainly a statistical fluke. john roberts is alive and st. petersburg, florida, where he will be reporting today.

>> virginia has been hit hard by job losses in the coal industry. saying that the only reason why the unemployment dropped from 8.2% up to 7.8% is because so many people has dropped out of the work force. if it was a real number, it would probably be more like 11.5%. >> when i am president, the unemployment rate is going to come out, not because people are giving up and jumping out of the workforce, but because we are creating more jobs. i will create jobs and get america working again. reporter: governor romney continuing to have plans to raise taxes on wealthier americans. they would get hit with that tax increase and that cost as many

as 700,000 jobs. again, the governor in abington. >> yesterday the vice president blurted out the truth. he said in fact that they do want to race taxes a trillion dollars. i want to create good jobs in america. reporter: now, the president is hammering mitt romney today on the 5 trillion-dollar tax increase. that was the same accusation that governor romney beat back several times in denver. last night, president obama's deputy campaign director, stephanie cutter, acknowledged that that tax cut would be nowhere near $5 trillion. she did go on to say that all of the loopholes that the governor would use to try to make that revenue neutral would not bring up the total amount, but it is important to note that she did say that tax and cuts would be hard. megyn: there is some troubling

news from the unemployment department on jobs. applications rose to 360,000. that is up from last week. a second report shows planned layoff 4.9% in september. yesterday the commerce department said factory orders dropped 5.2% in august. still, just a short time ago, president obama said today's report shows that the economy is headed in the right direction. >> after losing about 800,000 jobs a month when i took office, we have more jobs and we found out this link at the unemployment rate has fallen to its lowest level since i took office. [cheers] [applause] megyn: joining me now is lou

dobbs. he is the host of "lou dobbs tonight" on the fox business network. it is good news, says the president? >> it is good news for him. this is as nice of a result that he could have asked for. the bad news is that this is based on the household survey. the unemployment rate. it is figured differently than the payroll number, that revealed only 114,000 jobs were created last month, and megyn, only 10,000 of those jobs were government. megyn: we have been showing the chart of job creation over the past year or so. back in january, you can see it. look where we were back in january and february. then it falls way down. 45,000 jobs in the month of june. now that 114,000. not great to most economists, but not so great. how do we get to the point where we are at these not so great numbers, but the unemployment

rate falls from 8.1% write-down in to 7.8%. :lou: let me smooth out the charge. we have a little below average what we did in 2012. there has been a decline and not an improvement according to the labor department. the survey employers, both government and business, to come up with that number. they have another survey, which is called a household survey. 50,000 folks are called and ask if they have a job or not. megyn: arctic cold calling them? >> they are cold calling the, randomly calling them. the establishment survey, that is almost 150,000. a much more sophisticated and

scientific and less volatile survey. megyn: is this 7.8% and average of the two of them? >> 's. :lou: it is based entirely on the household survey. megyn: is that right? :lou: absolutely. two different numbers at work from two different surveys. megyn: be that as it may, a lot of people have come out and said do not trust that number. :lou: what you do not want to do is pull a jack welch. he decided that this was a conspiracy of the chicago political thugs that run the country. megyn: unbelievable jobs numbers, these chicago guys will do anything. by the way, we have jack welch to explain that later on. :lou: that's exactly what you

don't want to do. these numbers over the course of time, you should always be skeptical of those numbers. we should always be skeptical of anything government does. economic reporting is an inexact art and not always in science be one can i just ask your question? :lou: yes. megyn: unemployment is still very high. how are the american people doing? :lou: a sophisticated number, if you will, buried within the labor of statistics is the broadest measure of unemployment that is in the workforce, discouraged workers. that remains where it was last month, 14.9%. it is a sign that we are

absolutely stuck where we have been. and that is a sincere shame. that means 23 million people remain in great pain and they are suffering as a result of an economy that is adamant in not knowing. megyn: some people have talked about prior -- when we talk to folks like you -- the number of people who have left the workforce altogether. that sort of changes the denominator. i hate going into anything math related. on the calculation, the point is you get a lower unemployment rate if you exclude a bunch of people from the calculation. is that still the situation? lou: in the month of september, it is a difference in which we measure the unemployment rate the way which we measure the jobs created. what you are referring to is the labor force participation rate and people are becoming discouraged and simply drop out.

that is not at work here. that is 14.7%, precisely the same situation we have. that is continuing pain, continuing acceptance of policies that are not working. a continuation of very cautious and protective small business and big, when it comes to their capital and their refusal at this point to higher because there isn't sufficient demand. megyn: and also confidence. it is a pleasure to see you. fox news alert. a new american airlines headache. dozens of flights. passengers are scrambling at the airline pulls her in 48 planes out of service. no definitive answer about what caused those passenger seats on three flights to come loose midflight. trace gallagher is live with more. reporter: you have to keep in mind that america only has a

hundred 17 planes. you take 48 of them out of the loop because of seat problems, that is 8% being rotated out. fifty-five canceled today, 44 yesterday, certainly more tomorrow. at first they thought this seat problem was a faulty hardware problem. now they are looking at wear and tear. they are looking at things like wear and tear and even coke and soda that spilled into the cracks and pop depends loose. imagine not? they hope all the planes are back by tomorrow afternoon. well over 1000 flights were canceled over the past two weeks. one third of all american flights had been lead in laid in that time because of problems with the pilots. delta, american, continental they just can't afford that.

you know who is caught in the middle of all this? the passengers. 2 million had been laid over the past two weeks, 160,000 have had their flights canceled altogether, and some had to brace for a crash landing two nights ago because of the faulty light and guess what records they had? almost none. >> a hotel or restaurant or any other travel related industry, has a consumer complaint. it is normally dealt with directly or you can go to small claims court. in the case of the airlines, they pretty much exempted themselves by contract and by poor decisions and legislation. reporter: kind of like a sorry, you're out of luck. bad times for american airlines. megyn: brand-new developments to the story of high school cheerleaders fighting for free

speech. just ahead, we will show you how they just scored some points in court. and both presidential candidates agreed that today we have a very special guest about a very important subject. new bayer migraine formula. till you finish your vegetables. [ clock ticking ] [ male announcer ] there's a better way... v8 v-fusion. vegetable nutrition they need, fruit taste they love. could've had a v8...

megyn: back to our breaking news from the campaign trail. three new swing state polls from the rasmussen report in the last couple of hours. all taken from a presidential debate. in ohio, rasmussen showing president obama's leading governor romney by one point. sixty to 49. in florida, a big shift showing governor romney leading president obama 49 to 47%. he had been showing mitt romney behind in florida prior to that debate. now he is ahead. in virginia, governor romney leading the president 49 to 48%. along with more voters, we saw

an interesting tweet from former howard dean campaign manager joe trippi. he wrote that 20 minutes into the debate, gop online voter registration doubled above normal. and it is still at that pace. he said that at 6:00 p.m. eastern yesterday. citing a democratic source. joining me now is laura ingle. he didn't want to get too specific, he's a democrat saying that the registrations are going way up for these republicans in the wake of what we saw on wednesday night. and that you have other republicans who are saying it truly was a game changing moment. >> i think that's right, and i think the rasmussen poll and the new donations for the romney

campaign every two seconds -- all of this adds up to a sizable momentum shift in the collection. megyn, i think beginning last week in california, you can vote -- register to vote online. they are really pushing that. democrats really like online voter registration. because i think they believed it would help them. in some states, where people are beginning to look at the situation for the first time, on wednesday night may be somebody who looks like the winner or that he has solutions to america's problems. and a very gracious and often times very good-natured way, he made the affirmative case for why we shouldn't settle for lowered expectations in the united states. i think that was very comforting for people. i think that mitt romney who had been framed by the obama team has an out of touch, rich, white guys who might be nice but he just doesn't get you -- suddenly he became very likable because

he looked like a winner. and we want to be with winners. winners tend to be more likable even if they are not people that you necessarily want to have a beer with them. but they are likable because they are going to help you. they like people who win. i think that is what mitt romney might be looking at here. >> he is a rough-and-tumble guys. megyn: you have something we talk about mitt romney looking smart and in control the other night and setting it apart from sparring as someone in the midst of a debate. people walk away with a subliminal impression of the man, apart from the fog of media that he has been laboring under for so many months. >> you watch him and if you take away politics, and watching both

of their performances, the command of the subject material, which person would you rather have guide you through a crisis? a crisis of any sort? how to fix it and put it together, a pathway out. watching and listening to them carefully, i don't think there's a question that you should follow someone like mitt romney. his thought process, his approach to a problem is very specific, specific way of answering questions, he would do the one, two, three area loyally. very businesslike. that is comforting to people who are anxious. he was stop and start and we were not sure where he was coming from at times. he became very reassuring to a very nervous nation on wednesday night. that was comforting to a lot of conservatives and a lot of people who were undecided. megyn: george l.a. suggesting that mitt romney is changing the narrative in this race and republicans are looking ahead to see if the man who showed up in denver on wednesday will be the man that is out on the campaign

trail from now until november 6. he does sound a little different if you listen to them on the campaign trail. do you think that we will get a different mitt romney? >> i think so and i hope so. today one of 7.8% figure came out, they were right on it. he basically said, look, when i am president and we talk about economic growth, it's going to mean something. because the number of the unemployed is going to come down because we're going to have more jobs and it's not going to be based on the number of people leaving the workforce. that was a very powerful statement. i have not heard him pick apart the numbers before like you did. it was very clear. we will be growing the economy and not having this number go down because people have given up hope or if that was a different line from mitt romney and i think it's a smart one. a lot of people think well, okay, things are great but they're getting better. the point is we can do a lot better than this. megyn: laura, we thank you.

just ahead, a top obama staffer goes after mitt romney for remarks he made in 2007. we will have a fair and balanced debate coming up about that next. [ male announcer ] eligible for medicare?

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megyn: new developments on a story this story we have been following. a group of high school cheerleaders fighting for their freedom of speech. they are challenging the school's ban on old banners. banners that reflect their faith >> the cheerleaders are putting these verses on these banners and the football players would run through the banners on the field. one of the local residents complained about the atheist agnostic group.

well, a judge at first allowed the banners, pending a hearing that happened yesterday. the courthouse yesterday looked like a pep rally. you have cheerleaders, parents and supporters, some with a quote from proverbs, the righteous are as bold as a lion and here is one of the cheerleaders are. >> here is the deal, they got to court, they came up with this idea, totally on their own. no input from the school at all. school argued that this is part of the school banners and the judge ruled in favor of the

cheerleaders. for at least two weeks. until they can get a better idea. the school said this in response to the ruling. i'm quoting again that we were likewise agreeing to give proper consideration of both sides. so it's going to come up again, but at least for the next two games, those bible verses will be back on those banners. megyn: i give them a lot of credit. back in the day when i was a cheerleader from all we cared about was our uniforms look. >> you have that picture? [laughter] megyn: hopefully not. if you want to see the hair, check out people magazine. new details today on a new low. look at this. look at these two. do you know what this is? the father and son. reportedly picking on a young girl with cerebral palsy.

trace gallagher has the heartbreaking video and the fallout. plus, sex, marriage, affairs, and wall street. my husband joins me live for a frank discussion in minutes. and team obama demanding that romney do something about a video that's unfair. but it's a video of the president himself. we will debate it after this break. >> when hurricane andrew struck in florida, people said look at this devastation. we don't expect you to come up with money. here is the money to rebuild. we are not going to have you scratch it together because you're part of the american family. what is happening down in new orleans

megyn: docs news alert. the cbo announced that the budget deficit for 2012 is officially $1.1 trillion. the good news is that that is $200 billion less than last year. we are still spending at least a trillion dollars per year more than we take in. this is the fourth straight year of trillion dollar deficits and of course, the national deficit is about $16 trillion.

>> what is happening in new orleans? where is your dollar? [applause] it tells me that people in new orleans, they don't care about as much. megyn: that was then presidential candidate barack obama in 2007, suggesting that racism is a relief effort involved for the folks in hurricane katrina. this particular part of his offscreen comments, they got little to no coverage before they were posted on a daily caller.com. the president's deputy campaign manager is calling on the romney campaign to denounce the video, saying that the romney camp needs to stand up and say it was wrong for the daily caller to

post the president's comments earlier in the week. take a listen. >> i think that allies to mitt romney are responsible and they should stand up and do the right thing and say that it was irresponsible to do something like that, particularly on the eve of the debate. it was so transparent what they were trying to do. mitt romney has been taking heat for weeks for his comments behind closed doors with his wealthy donors. he didn't care about this country. their answer is to put out eight already public release speech that the president gave five years ago. we were just talking about the reaction to hurricane katrina and the inadequate reaction to that. megyn: joining me now is chris plante and the principle consultant marjorie. how is it responsible for mitt romney to be held accountable for comments at mitt romney

made? >> while i would love to give credence to tucker carlson for having broken through, the fact of the matter is this video fell flat and the mission didn't really break through. the video that came out in 2007, and what it was trying to do did not really work. i think the romney campaign rightly has not talked about it, they are not addressing it, keeping their distance is probably the best move at this point. megyn: that's right. they came out and said we didn't have any involvement in it, which is what the obama camp came out and said after the super pac. remember the cancer ad suggesting that mitt romney had killed off a woman. >> instead, stephanie cutter was caught in a flat out lie surrounding mitt romney gave my wife cancer commercial. stephanie cutter was in the middle of that and she was exposed as a liar at that time. she is one of the lead

distractors at this point. they are trying to change the subject from the president's disastrous performance and perhaps understandably, in the debate the other night, but to pretend that mitt romney should, in any way, comment on a piece of videotape from an event that was open to the press, where the president is exposed as a liar and a fraud or in incumbent fraud was trying to polarize along the lines of race is laughable on the face of it. it would be laughable if it weren't so outrageous. but they are trying to settle the romney campaign with troppo partisan in the daily caller exercising their first amendment right to freedom of the press. [talking over each other] >> but that begs the underlying question. why does this bother stephanie cutter at all? why doesn't she say, those are my guys, i don't find anything controversial about them, the daily caller, go for it. anybody, go for it. he stood up on the stage and made those comments and we stand

by him. >> you have to look at last week. it was the romney campaign attacking them for character assassination. it is about moving the focus. now, with the daily caller did was sort of unfairly characterize this as racism. even george w. bush said coming out of katrina, the remarks he made actually echoed obama's word for word in terms of highlighting racial bias in what was happening on the ground of new orleans post- hurricane katrina. that is actually not incorrect. what he was saying is not incorrect. but characterizing it as him being a racist, they have done nothing to characterize him as treating audiences differently, nor has he played the race card on the campaign. that is an important distinction. >> were president obama was saying to that crowd was designed to inspire feelings of

racial animosity and what he was saying was factually incorrect. this is why he is either a liar or an incompetent. the senate had just waved this two weeks prior. megyn: that's what i'm saying, -- >> under george bush, they denied them the same consideration was given to manhattan after september 11 and florida after hurricane andrew. it was wrong. it was factually incorrect. he either knew that or he didn't know that but should have. this is a body in the senate had just been evolving as a short time before. it's outrageous to suggest that something that the president said at a public event, videotaped by the press, even if they didn't cover it properly at the time, it is completely ridiculous and again, it's another effort to avoid the president's failure and the

economy. [talking over each other] megyn: i would like to ask you about the second part of stephanie cutter's project. she said on the eve of a debate, that have some folks wondering if this is an attempt to offer an excuse for what was perceived by many as a lackluster performance by president obama at the debate. it was in his head? >> i think it was a response from the press. i have a problem of characterizing it as racism and i think it was pointing to obama talking to an audience. >> it was still running in the press. days after the debate, the one that did not favor obama, we know this is the nature of campaigns. how could resurface and point the finger at the other guys?

>> up next after this break, what is my husband doing here? talking about marriage, affairs, wall street, and scandals. you will find out after this break when he joins me live. stay tuned. and the most disturbing story of this day, this girl suffering from cerebral palsy, teased by another kid and his father. the video and the fallout is coming up just ahead who would think that a grown man would tease a 10-year-old disabled girl. it that has never done anything to them for no reason or it now she doesn't want to get on the bus and go to school. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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megyn: a new book is pulling

back the curtain on wall street. in the days before the financial collapse, showing some living large before everything came tumbling down. it is being compared to the works of charles dickens and caramel. i am joined now by the author of "ghost of manhattan", and my husband. how are you doing, dave? >> on good, honey. i'm very proud of you and i want to talk to you about this. i think that our viewers knew a lot about the risks that we are taking on wall street. they knew that we risked too much and what this lays out is that this was not just a professional choice but an entire lifestyle that they are living. >> it is a lifestyle that they are consumed by. business on wall street is a relationship driven business. it is not as though these guys were for apple and things are

based on product differentiation. the. megyn: everyone selling the same thing. >> that's right. megyn: but the advantage you have is on the other side? >> that's right. it's very nightlife entertainment. again, it's not like software appliances were you have your year-end bonuses in the tens of thousands. if you work at bear stearns, and your bonuses $2 million -- it's not like working at tgi friday's. megyn: it is something very different. >> not that they are even paying for, it's all on an expense account but it's very high-end lifestyle. megyn: they have no problem cutting these checks for these dinners and trips to various locations because it's about developing the relationship? >> these things are more than paid for.

they do a bunch of trades and big treating trains. megyn: are these people we know? have event to our house? [applause] >> unknown number of people who are on wall street. in all different areas of wall street. some have large hedge funds and others who are sales and sales and trading on wall street. three who work on wall street and three who don't perhaps. we are sitting there listening to stories from the previous two weeks, and it's not even about that. it's just the last two weeks and two weeks later, another set of a similar story. megyn: there is something else in the book. it is an naughty blonde reporter. this person bears no relationship to anyone you may know. >> that is correct. megyn: it's not a fox person for fox news person.

>> totally unrelated. megyn: there is something in the book that is a truly beautiful story. it is about this wall street lifestyle and the story of one man's struggle to save his soul. to change his life. >> and as someone who is very unhappy with his circumstances. when you are 22 years old, you say, this is great, i'm making tons of money, and it seems like a ton of money and gray. but as for any person with any career, you hopefully migrate your passions. for most people, it doesn't happen so organically. you need to get to the point in your life where you reflect and realize that i need to make or break and take a leap. that can be very scary. in this case, the guy is selling bonds and he is making a ton of money and then has a lifestyle.

it is something that everyone experiences when they want to make a change in their life. for me, i made a change from a job i can love. you did the same. you were a lawyer or you are making $100 a week and you said doesn't, it doesn't how good she becomes as a journalist, she will never be as good as she was as a lawyer. he was wrong. megyn: this is supposed to be about you. >> anyway, it turns out that he was wrong. and everyone watching at home knows that you are the best. it really worked out for you. in this case, he tried to break away and make that change. it takes a lot of courage, as you know, to do something like that. >> yes, you have to look internally for long time and find the courage. he wrote this book on our dining room table and most of it while we were on maternity leave from our first child. there is a lot of blood, sweat

and tears in the spirit you wrote it out longhand in legal pads. and i had the first read, which was terrifying, because i had no idea that he could write. when i married him, he was the ceo of the company. i know i will get the first read, but i thought oh, when i read this book, he wants the truth, but he probably wanted to make you feel good? and he said he wanted the truth. the truth is it is awesome and it's really great and i'm so proud of you. it is called "ghost of manhattan", getting rave reviews. publishers weekly calls it compulsively readable. good luck with that. love you. "ghost of manhattan." check it out now on amazon.com. in three minutes, the khan --

caught on tape case of a son and father teasing a girl with struble policy. and the look of the debate ahead. >> you been president for four years, he said he would cut the deficit in half in it's now four years later.

the. megyn: another horrifying story out of ohio. here is this girl with her family. she suffers from cerebral palsy. she has spent the last are being bullied with a father-son duo

mocking her illness in front of her classmates. the parents say that they have the video to prove it. trace gallagher has more. reporter: you know the hatfields and mccoys, well, this is the family that lived next door to each other in canton, canton, ohio. they are now bitter enemies. the knight family say that they have had their daughter made fun of for having cerebral palsy. as she got the school off the school bus, this is what they did every day. dad and son would walk and hobbled from the school bus to their car in front of the little girl and her friends.

>> it makes me sick to think that a grown man would achieve a 10-year-old disabled girl. now she doesn't go to school. reporter: i want you to watch the video of this father and son dream team. and the mother says they were mocking anybody. >> you've seen the video, i'm sure. and my kid was walking, but it wasn't any offense to hope. why they are taking it as i come i have no idea. reporter: who would interpret that as offense? the father said i told my son if they want to call us retards, we will show them retards and he walked to the carlike that with his son. he must be so proud. both sides have complained.

the sheriff says he has been out there but no charges have been filed. megyn: this is totally horrifying. way to bring the room down. we were feeling so great after doug's visit. reporter: i can't wait for the book, by the way. also, so dapper and good-looking. megyn: i'm a little biased on that. i think so. coming up, philadelphia police officersired after he caught on camera sucker punching a woman in the face. leading her away in handcuffs. now, his union is fighting his dismissal. that is on the docket in today's "kelly's court." and the deadly outbreak of a rare form of meningitis is growing. we will have the latest. and questions about helpful journalists are costing to offer president obama debate advice.

we have our next guest coming up live i'm barack obama, and i approve this message. these appliances could have been made here in america. but a company called global tech maximized profits by paying its workers next to nothing... under sweatshop conditions in china. when mitt romney led bain, they saw global tech as a good investment... even knowing that the firm promoted its practice of exploiting... low-wage labor to its investors. mitt romney - tough on china?

since when?

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meg already fox news alert. back to our top story. 48 hours after the first presidential debate our first post-debate polling shows governor romney in a dead heat with the president in the three most critical battleground states. rasmussen reports making news with three polls in three key states. first up, ohio, look at the numbers. according to rasmussen the president is now holding just a 1-point lead over governor romney, 1-point lead over governor romney. 60% to 49%. that is within the margin of error and much closer than other polling results we have seen in recent weeks from ohio. in florida governor romney is leading with 49%. the president at 47%. that is a shift it was the

opposite before the debate. the same story in virginia. romney up by 49%. cries stirewalt is our host of the power play on foxnews.com/live. rasmussen has been showing ohio as a much tighter race than many other pollsters for weeks now. but he hadn't done polling there in weeks. he seems to believe things had been separating in the president's favorite past few weeks. and that the debate though shows romney had a bit after rebound. he will be on cavuto to talk about this later. ohio is the linchpin to this election for the tropical any cam and they have been saying their polls show it much closer than anybody else. about it does appear that debate matters there. >> reporter: it shouldn't surprise anybody. this was the most watched debate

in 20 years. it was the most watched first debate since the 1980 only debate between ronald reagan fan jimmy carter. once you put in the internet and all that stuff you are looking at 70 million people probably and a lot of them watched you do it on the fox news channel i should point out. but also the fact that mitt romney won so decisively. our come petters at cnn did a survey of people who watched the debate. 67% said romney won. compare that to the last incumbent debate with george w. bush in 2004 when john kerry, his challenger was credited with a decisive win. kerry only scored 53%. this was the biggest win in recent memory and the largest audience in 20 years. it's a big deal. we shouldn't be surprised it would move the needle in key battleground ohio.

megyn: on the day of the debate. wednesday afternoon, a tweet was sent out by i think it was director of the nbc polling asking folks opinions saying if romney doesn't perform well should he pull out of ohio? and that is something that we heard from others as well. now, you look at this, chris, today, a 1-point race. i guess the answer is no. he should not. no, he should not pull out of ohio, i guess. >> he could save money by pulling out of ohio or save money which quitting running. plus the staffers could go home and take it rest of the year off. that would be great savings. look, the narrative about this race has been so colossally stupid at so many points. and one of those things was that race what is over. this race is done. not by a long shot. megyn: i want to talk to you

about florida. rasmussen believes this result is significant. it shows governor tropical any 2 points up in florida and it was exactly the reverse before the debecause it. so it wasn't just tied. it was that obama was up by 2 in florida. so it's a 4-points swing in romney's favor. florida, romney can't win without florida. >> those are the two. mitt romney has to win back all the traditionally red states, then he has to win the two that are always battlegrounds. florida's electoral vote count is just as big as new york's. its population continues to grow. megyn: half of the new york population ends up moving to florida. >> reporter: but the idea is you can't win without these two states. so the idea of pulling out of ohio is the same as cedinged the election. we have long expected that romney would do pretty well in florida and that he was under

performing in the polls. what people needed was an excuse to vote for him, a reason to feel good about voting for mitt romney. they have serious reservations about the incumbents and what he has done. that debate gives -- megyn: doing debate evaluation. >> say, look, honey, you can feel good about voting for mitt romney. you saw him in the debate, he was really good. that right, he was pretty good. as those discussions took place mitt romney gave voters a reason to vote for him not just against obama. megyn: we talk about the walmart moms who were not feeling jazzed up about romney or obama. watched that debate and walked a way in large measure saying i like romney a lot better including latina moarts. one of the main messages they liked on him was the debt.

he spoke about it being a moral issue and pointed out that president has added a trillion dollars to the deficit every year he has been in office. $4 trillion to the deficit he add. florida has a large latino population and mitt romney has been hitting spanish television hard with an ad campaign trying to shore up the numbers. the rasmussen poll may suggest that's having some benefit to him. >> reporter: quite so. and florida has a lot of silver-haired folks down there. in fact it tells us that the president's attacks on mitt romney over immediate care are d not work. and romney's attacks on the 2010 health law may be effective. megyn: anything can happen. anything can happen. but the point is, so many people i talked about mitt romney having a momentum problem and he took some hits from that 47%

tape and otherwise. and the debate really seems to have helped him at least the short-term glance would suggest that, chris. >> reporter: it's true. and i should point out i read doug's book and it's a lot of fun. you should check it out. megyn: i know that true. i wouldn't recommend it if i didn't believe tonight. it's riveting reading. a ton of fun. thanks, chris. >> reporter: you bet. megyn: the other big story is a big jobs report that is bringing with it some good news and bad news and then of course some confusion. the economy added 114,000 jobs last month. that's short of where hiring should be. it should be 160,000, 170,000 a month. but the unemployment rate fell to 7.8%. while that official rate went down there are still some 23

million americans who remain either unemployed or under employed. the same rough number we have seen for months. peter barnes picks up the story from there. >> the labor department survey found employers added 114,000 non-farm payroll jobs, just enough to employ new entrants to the job market. the second survey the agency releases each month, a survey of individuals reported that 873,000 people said they had found full or part-time work last move some kind. and that's the report used to calculate the unemployment rate and that spike in job growth is what pushed the jobless rate down to 7.8%, the lowest level since january of 2009 when president obama took office and the first time it's been below 8%. since then, several economists said they think this burst of

job growth likely was a statistical fluke. the monthly numbers in this survey are volatile because the survey size is small and it includes self-employed people and agriculture workers. but it's less than a month to election day. both candidates found ammunition in the report. >> this morning we found out the unemployment rate has fallen to its lowest level since i took office. [cheers and applause] more americans entered the workforce, more people are getting jobs. >> it looks like unemployment is getting better. but the truth is if the same share of people were participating in the workforce today as on the day the president got elected our unemployment rate would be around 11%. that's the real reality what's happening out there. >> reporter: the broadest measure of the jobs market, unemployed people plus people

marginally attached to the workforce plus people working part time for economic reasons held steady last month. megyn: a deadly meningitis outbreak is spreading. more people affected. prompting questions about whether we should worry about the safety of certain medications. as some of the president's biggest supporters express disappointment in his performance in the first presidential debate there are new theories about what may have affected that performance. >> i also promised that i would fight every single day on behalf of the american people and the middle class and all those striving to get into the middle class. i kept that promise and if you will vote for me, then i promise i'll just as hard in a second term.

megyn: new developments in the killing of a border patrol agent in arizona. nicholas ivy was gunned down while patrolling the mexican border. we are told janet napolitano is meeting with investigators and the family. a funeral is planned monday and a candlelight vigil was held last night in his honor. >> we are thankful for him protecting our country and our town here of naco. megyn: his death is the first fatal shooting of a border patrol agent since brian terry in december 2010. we are still hearing new theories about why the president did not perform as well as some had hoped. some, al gore, in particular, blamed the altitude in denver. others said the president didn't

have enough time to prepare. others suggest the president did not want to appear angry. but even the biggest supporters have been harsh in their assessment. "time" magazine political columnist joe klein wrote, quote, mitt romney won this debate, barack obama lost it. i mean got his butt kicked. it was one of the most inept performances i have ever seen by a sitting president. joining me, jonah goldberg. and bernard whitman who is a her to of "52 reasons to vote for obama." i expect the wednesday night debate performance is not on the list in your book but it' it's interesting to hear the list of reasons. saying he didn't have time to prepare. why not move on it wasn't a

great night. everybody knows people have off nights, move on. >> that's what the campaign has to do. one of the 52 reasons is not that he's a great debater. the reason for what happened is obama went against his nature. i think the decision was made for him to be cautious and to let mitt romney be mitt romney and hopefully fail to win the debate. unfortunately that was a huge strategic blunder because the president in attempting to be cool, be presidential and stay agovernment fray ended up looking detached, he looked off and a bit listless. romney is great that fabricating facts on the fly. and obama did not take mitt romney to task particularly for saying things like he doesn't have a $5 trillion tax cut which of course he does. and for not bringing up the 47% and drawing other sharp

contrasts he has effectively done on the campaign. megyn: jonah, we have seen so many explanations offered by the president's supportsers. some possible and some a little out there. like this one from al gore. >> obama arrived in denver at 2:00 p.m. today. just a few hours before the debate started. romney did his debate prep in denver. when you go to 5,000 feet and you only have a few hours to adjust, i don't know, maybe -- megyn: that interesting. isn't it, jonah? >> that's my favorite part. jennifer off camera going "that interesting." it's interestingal goirs that high. but other than that -- it's also silly. maybe barack obama switched to the wrong macrobiotic yogurt or

switched to decaf. i don't know why he's off his speed. i think part of the problem is there are a lot of barack obama's biggest fans who were stun find out he's really not that good at this stuff. he is not a great debater, he never was a great debater. i don't think he's that great a persuasive politician in public speak. he never moved public opinion on any domestic policy in his first four years in office. he gave 50 addresses and statements on obama-care and he never made that popular. he's one of the most overrated politicians in american public life. he went up there and he wasn't that well prepared, i'll grant that. mitt romney was very well prepared. i don't think he lied about anything. we can play anyone and dime games. he didn't rehearse lies. and mitt romney just came to play, came to win.

he was surprisingly life like and barack obama was a bore and it showed. he felt like he was too good for it. megyn: some of the president's team has been mock, criticizing governor romney for having prepared so much. and that is in the news, that governor romney prepared a lot more than president obama. i'm saying separate and apart from the way they performed, the news was he had done a lot more debate prep. but is that something that the american people might add mire as opposed to judge or criticize? he got repaired for it? >> it makes no sense to attack someone for being prepared. the president should have been a bit more prepared. but it has to do with his orientation towards the debate. and i think mitt romney, i think he did -- he performed well. i think it underscores the bubble in which the presidents live. remember ronald reagan in 1984. he seemed so out of it. the people were wondering whether he was too old to be

president. i think they are simply not ever questioned. they are never held to task like this. megyn: accept your former boss. >> in america we ought to put together a question hour like they have in parliament in the u.k. that would keep the president on their toes. inside the white house there is a bubble where the president does not have to parry like that with another individual. that exposed a weakness in obama. he was not used to that. this was romney's 20th debate in the last year, year and a half. i think we'll see a different president obama next time. megyn: i want to pick up on that. jonah, when we saw president obama yesterday afternoon this time back in front of the teleprompter he sounding like his old self. he had the good lines and the quick firey retoarts and some zingers. average course his supporters were say where was he last

night? but others are saying because that guy can't exist without the teleprompter. it caused some to question whether the man we see who is always in front a teleprompter, is it that man, is it the man we had at the debate or somebody else? >> it's lining everyone is the great -- it's like everyone is the greatest singer in the shower. when you are only talking to people adore you and applaud everything you say it's easy could convince yourself and the people around you that you are brilliant. the media has not -- barack obama has not got and lot of tough questions, a lot of pushback from anybody for a very, very long time. this creates a problem for him in the next debate. now as he gets super aggressive, his major advantage has been his likability. if he loses that by being mean, that's a problem. megyn: thank you both so much. also on the debate.

the president's reelection team held a conference call with reports. before they were done some members of the media were offering a list of helpful tips on how he could improve his performance. dana perino is here on that. this is awesome! folks who save hundreds of dollars switching to geico sure are happy. i'd say happier than a slinky on an escalator. get happy. get geico. melons!!! oh yeah!!

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megyn: four more cases confirmed in a widespread outbreask rare form of meningitis. five people are dead after they were injected with a tainted medication used to treat back pain. the infected supply of meds make its way to two dozen states putting clinics on high alerts raising questions about drug safety in this country. >> reporter: those four new cases are in the state of

tennessee. this is a race to notify the patients who might have gotten the steroids. i want to put that red map back up. that's the states involved. we are talking about 23 different states that this medicine was shipped to. they all got routine injections. people we are back pain and steroids but they may have been contaminated with meningitis. now there are 6 states with confirmed case. we are talking about 39 cases in six states and there are now 5 fatalities. first they thought only 900 people got these steroids. now they believe that thousands got this medication. here is one patient. listen. >> after a third injection they called. about it was a good while they called and wanted to know how i was doing. they didn't say anything about the men injoy cities outbreak or anything like that or that i needed to take precautions or if i had any kind of symptoms to

notify them or whatever. >> reporter: he knows now. but here is an equally big concern. these steroids were whipped up at a compounding pharmacy in massachusetts. that pharmacy has been shut down for the time being. there are 7,500 of these compounding pharmacies and unlike drug manufacturers the fda does not approve these drugs. what happens is you have these drugs that are mixed up. they are broking down to fill the void of drugs around the country and in recent years five of these mixtures have been contaminated and led to sickness and fatalities in some cases. so what you have is this push to try and get these places better regulated or at least some oversight. i think that's what's going to happen in the next step. the one in massachusetts shutdown. others are getting much closer scrutiny.

megyn: these poor folks trying to help their pain and winding up with meningitis. if you could look at the political headlines from the last 24 hours would you see a quickly changing story. some media outlets changing from romney the winter romney the liar. dana perino joins us live after the break. a philadelphia police officer is fired after he was caught on camera punching a woman in the face. now his union says he should get his job back. that's on the docket in today's "kelly's court." >> he had no right to hit her like that. >> she says she don't wish nobody bad. but she wish something had been done. cottrade, you won't just find us online,

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to be there for them when they need us. [car alarm blaring] call now and also ask about our 24/7 support and service. call... and lock in your rate for 12 months today. liberty mutual insurance. responsibility. what's your policy? megyn: if you could look at the political headlines the last 24 hours would you see a quickly changing story on this week's debate. the major media outlets changing romney the winner to romney the liar. that's what the obama election campaign told them was the veal

story. now we are seeing romney's successful debate plan, lying. the daily beast. romney won and the truth lost. huffington post quoting the campaign. "romney won debate because he lost lied." one asked you said one of mitt romney's strength as a debater was his willingness to lie at ease. was the president adequately prepared to call him out on that? joining me, dana perino. was the president adequately repaired to call him out on his lying? >> the media seems surprised that the candidates they have always long loved and supported, president obama was not a good debater. he actually has never been a good debater. they were totally surprised mitt

romney was a good debate. i have not understood this lying thing from the beginning. i heard people say you lied when you ran because you didn't fulfill a promise. but you stand up in front of american people and you are talking about your proposals. the lies -- this doesn't stand up for me. then it doesn't student scrutiny. you get all these headlines. every fact checker says it's not a lie. megyn: they are focused on his statement he doesn't plan a $5 trillion tax cut as president obama suggested. >> so one of the president's folks people who herself is accused of lying saying she didn't know about the ad that she did. it's interesting they talk about veracity. but then last night she said right, stipulated it wouldn't be $5 trillion and they tried other numbers. i don't think president obama

thinks romney is lying. i don't think president obama personally thinks romney is lying' he wasn't going to say you are a liar. i don't think he believes it so kudos for him not playing into it. but he probably should tell his campaign six months ago that they shouldn't create a character of somebody that will fall apart. charles krauthammer said in one debate mitt romney was able to take $150 million worth of negative ads and reduce it to dust. megyn: he got to speak directly to the american people. now 70 million people watched the debates and gave their impressions. president obama gave an interesting interview to "60 minutes" when he said have some of the sads been less than truthful and over the top. of course, it will happen in a campaign. do you think there is a divide in what he believes about mitt romney and those advising him

how to rewin the presidency? >> i do. some of the supporters are coaching that president obama be more aaggressive. megyn: andrea mitchell is asking axlerod if you rethought the extra egypt of not bringing up women's issues. there was a lot of this in this conference call. >> all the reportsers are so polite, thank you for taking the time to talk to us. they call him ax. they all hang out together on the georgetown cocktail circuit. but what you find out on the cocktail reporters is the reporters fashion themselves as amateur political consultants.

megyn: it would be nice if we could hear more about the 47%. but that was a legitimate question. asking why didn't he bring that up? o'reilly spent almost his whole show asking that question and o'reilly doesn't have a dog in this race. >> it was a polite way to saying to david axlerod, did you not adequately prepare the president? but nobody seems to be blaming president obama. i think they would have been better served if they had come out into the spin room wednesday night and said we didn't do as well as we could have. but we have a great plan for america, then they could move on. instead they blamed everyone else. now they are trying the hang their hats on he's a liar. i don't think that works for the people who watched it. megyn: this was a question that was asked at the press gaggle. during the debate was the president surprised romney took a turn for the moderate?

he advertised he would have this sort of etch-a-sketch moment yet it seemed to catch the president off guard that he would take this turn for the moderate. >> this is the new line they will try. now that mitt romney not only has he lied to the american people, he has lied to the conservatives. he's not really the conservative that you thought he was. so they are just trying all these things. do you remember when congressman wilson yelled out during the state of the union "you lie"? he was almost censured by the u.s. house of representatives. but yet the obama campaign -- here is this man who spent his whole life with five children, a lovely wife building a career, serving as governor, traveling the world trying to make the world a better place and he's a liar. megyn: stephanie cutter already suggested he might be a felon. >> and murderer. megyn: mitt romney gave an interview with sean hannity last

night and spoke to that 47% moment. very controversial. and he did -- hannity asked him what would you have said if president obama asked you about it. >> well, clearly in a campaign with hundreds if not thousands of speeches and question and answer sessions, now and then you are going to say something thatten to the come out right. in this case i said something that's completely wrong. and i absolutely bleach, however, that my life has shown that i care about 100%. and that been demonstrated throughout my life. this whole campaign is about the 100%. when i become president it will be about helping the 100%. megyn: does that get it done? >> i think president obama now would be even embarrassed to bring it up at that town hall debate on october 16 because now he failed to do it initially. mitt romney already answered it. they know how he will answer it

and they will move on. i think it was a standup thing to say "i was wrong." remember the "stand up" poster? i was asked if tha was that the right thing to do? i said no, it was a mistake. there were headlines. they admitted a mistake. but that ends it. that's why i think if the obama campaigned come out and said not the best debate but wait until you see us next time. just move on. megyn: americans understand everybody has a bad night, everybody has a bad moment. so people are forgiving if you say i was off. i don't knowy was off. it wasn't my night. >> they would have been better off. i talked about free advice earlier. they probably don't take mine. megyn: i deny that. dana, it's great to see you. see you tonight on "the five." 5:00 p.m. eastern time. it all works out. a philadelphia policeman is out of work after he's caught on

tape punching a woman in the face and leading her away in handcuffs. why his union says he's the victim. >> on behalf of the city of philadelphia and the other fine men and women of the philadelphia police department i want to extend my personal and deepest apology to miss guzman. she was injured and humiliated at the hands someone who knows better or should have known better. [ male announcer ] are you considering a new medicare plan?

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water possibly hitting the police officer. she is waving what looks like a can of silly string. the cop hits her as she is walking away from him. she is led away with a bloody lip. police brass say officer josie used excessive force and letting him go. the union says they will fight this and get him reinstated. they claim's a decorated police officer with 19 years on the job and he is the one who has been wronged here. joining me now, jonna spilbor and david wahl. there is a question about whether he believed he was under attack, jonna. >> apparently -- according to him there is a question about whether he is under attack. when we look at that video.

there is a 6-foot gap between him and the time he reaches her to pack a wallop against her face. he should have known she wasn't carrying a weapon. he did not have to punch this woman in the face. he was dead wrong. megyn: it looks like he may have -- just to give some benefit of the doubt. watch the water get thrown. he turns around. he may have believed she was the one who threw something at him. put your police cap on he may not have known what it was. dose not' water. how do you evaluate this case? >> cops look at these rallies and protests differently since the occupy protest last year where those people vandalized everything in sight. assaulted people left and right and committed misdemeanors and felonies. they are under siege. their stress levels sky rocket.

this die didn't know if a dangerous chemical was tossed on it or some other toxic chemical. and he sees her holding a can in her hand and approaching him. so he snaps. was his reaction appropriate under the circumstances? probably not. but should a 20-year decorated cop of the philadelphia p.d. be fired immediately with the mayor issuing an apology to the person before the facts are in? we don't know. what did this woman say, if anything to him, was it a threat that needs to be investigated? i see suspending him with pay, but not firing him. megyn: the unions say okay, internal affairs stepped in. it was conduct an investigation. but then the police commissioner stepped in and said he was taking quote commissioners direct action and firing the guy. they say that not fair. you have to let the investigation play out. >> we have a videotape that shows this guy cold coxing a

woman no bigger than me. what kind of investigation do you need? megyn: he's 6'3", 250 pounds. >> she'll say i didn't do anything. he will say i thought she did something. when you are a cop, you can't have a bad day. when you have a bad day bullets fly and somebody gets hurt. this cop had a bad day. he's clearly angry when he hits her in the face. he's dead wrong. >> i'll grant you, megyn, when i first looked at that punch i mean everybody kringd. it's more toiblg see a small woman like that go flying to the ground. but what was that liquid, megyn? what was in the can she was holding. what did she say? you can't under these circumstances are comes look like the stress level's rising say he was wrong we got it, we are rushing to judgment.

megyn: so this woman didn't throw the water. you can see -- you can see it's the guy with the dark sleep throwing the water towards the comes. but the cop doesn't necessarily know that. he don't know who there it and he doesn't now it's water and neither do we for the record. so he has to deal with this based on the moment. here we are all this time later easy for to us say bad cop, overreacted. in the moment wheels cops -- they put their lives on the line, they don't know what's coming at them. are we being too hard on them. >> i respect cops, i do. what would have stopped him instead of punching her in the face. what if grabbed her skinny arm, put it behind her back like they are trained to do. she is not suffering a cut to the face and she is not on the floor. he didn't do that. he should have done that. >> what if the can contained some type of accelerant?

what if she had matches in her hand. >> it didn't. >> he made the flash judgment and it turns out she probably wasn't a threat. but firing him isn't the answer. punishing him is. megyn: is there something to be accepted for the fact that according to the union he has a 20-year stellar history. dose deserve any snack he has had a 20-year stellar history of serving the people of philadelphia? >> i read he had 13 complaints those 19 years. megyn: that changes things. >> what cop doesn't have complaints, though. that's standard for any cop. >> excessive force or being verbally abusive. this guy has an anger management problem and he's a cop. and they don't mix. megyn: thank you both so much. we are taking your thoughts on it. let me know what you think. did they fire him prematurely? does the union have a point?

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megyn: now to an inspirational story. a teenager with a big dream and rare medical condition earning a spot on the high school football team and thed a mir aifertion his teammates. >> reporter: starting tackle may be the most demanding position in football. but for sam it took a lot of courage simply to try out for the team. >> it's a difficult position to

play. you get no notoriety. announcer is never going to say your name and you are never going to score any touchdowns. you do the dirty work of the team making a tackle. >> what he's learned to do, he finishes the tackle with his legs more. which is what we want as a coach. he has learned to compensate for the fact that he doesn't have that hand has made him a better technical tackler than some of our other kids that have both hands. >> it scares me for a second but then i have to think about how the lord blessed me with this athletic aabilities. he blessed me in so many ways i can't begin to imagine what he has planned. >> some people are looking at

sam saying if he can go that hard and work that hard and get that much efforts then i should be able to do the same. >> most people of like me wouldn't dream of trying out for a high school sport. >> the team is 4-0. megyn: i'm so glad you introduced him to us. steve, thank you. new developments in the brutal murders of four americans in libya. we are learning some members of the intel community were preparing to do as the obama administration claimed this attack was not preplanned. en we. i had three kids. and she became the full time mother of three. it was soccer, and ballet, and cheerleading, and baseball. those years were crazy.

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